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HomeMy WebLinkAbout1967 Ordinance - RecordedORDINANCE NO, 1967 AN ORDINANCE relating to zoning and changing the zone classification of certain real property within the City of Pasco from R-1 (Low Density Residential) to RmH -1 (Residential Mobile Home) as conditioned by concomitant zoning agreement. THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section 1. That the zone classification of the following described property situated in Pasco, Franklin County, Washington, to -wit: Blocks 25. 26, and 27, Highland Park Homes, according to plat thereof recorded in Volume ;'C" of Plats, page 6-�-a and b, records of Franklin County, as depicted in the map attached hereto and identified as Exhibit "l", be and the same is hereby changed from R-1 (Low Density Residential) to RMH-1 (Residential Mobile Home)'as conditioned, by concomitant zoning. agreement which is attached hereto and identified. as Exhibit "2". Section 2. That any and all zoning maps be and are hereby amended to conform to the aforesaid zone change. Section 3. This ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council of the City of Pasco this l day of October 1979. Chet Bailie, Mayor ,,, rr► ff44 !I!/ 00 L,1el1 1_' � y Clerk r XO Wr ORM ce, City Attorney 39;57-31 t . REGrP,DVD IN )F Of ICi \L �REcORWEf C �o ` HIS - [i�fip�R' CrDEFIJ7 P ; IV3 µ1'J . I ;395'731 CONCOMITANT 'ZONING AGREEMENT . v.L't �O'l/ /�dn"'keL r( % WHEREAS, the City of Pasco, Washington., a non -charter code city, under the laws of -the State of Washington,(Chapter 35A.63 R.C.W. and Article 11, Section 11 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use, and development of property within its jurs_i.dicti'on; and WFIEREAS, the Owner(s) of certain property has applied for a rezone of such property described below within the City's jurisdiction; and WHEREAS, the City pursuant to R.C.1`1. 43.1.2(c) the State Environmental Police Act, should mitigate any adverse impacts which might result because of the proposed rezone, and WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance with' the Pasco Municipal Code provisions relating to, the use and development of property situated in the City of Pasco, described as follows: Block 27 and vacated Blocks 25 and 26, Highland Park Homes Addition, according to plat thereof recorded in Volume "C" of plats, page 6-A and B, records of Franklin County, Washington. WHEREAS, the Owner(s) haVc indicated willingness to cooperate with the CIL), of Pasco, its Planning Commission and Planning Department to inspire compliance with the Pasco Zoning Code, and all other local, state and .federal laws relating to the use and development of the above described property; and .WHERE,AS, the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this concomitant agreement; NOW, THEREFORE, In the event the above-described property is rezoned by the City of Pasco to RMH-1,, Mobile Home Subdivision and in consideration of that event should it occur, and subject to the terms and conditions hereinafter stated-,.the.applicjant does hereby covenant and agree as follows: 1. The Owner(s) promise to comply with all of the terms of this agreement in the event .the City, as full consideration herein, grantsCM a rezy)one of -Ehe above-clescribed property. d 395"731 D6X ., •qr • 'ti:. :.s---a`.y:.1;'a+.;: ;'W'' N"�.'c,..a.`.c�t 7 ^'t's7��!ru'}� t. �VI'+�b-ty--.. . p' ����.,.�..: - - a' '' r>- .v. � '. _�`'�' Y, 'W�;x•�'a� ..�.-.yr'4X w, �'...`r. ,,'``j%, --rsr`+ a�a�?ti'.:,r �tZ'r*.,n,.; -'Z.r' ''�'..:�,� �J. ��'. >. �. ., wha�r�+� �.�'.:..� '?l± -.i, : �� .F;' d : w;�" r .:li:_. .aY.al,;: r� •r'�„ -�(, r - ° ' > - .: -4.. - r �+.:.- s-�z� 7: -i } ���r„`i:. � _,.,�;..,, ,',J;: _:-� `^tin•:�,C- �.; ��H-r:.,.�.�.."'.'"L�C"��-�w•r�r+:1:•r.:•.��` , 4./•.':-,.�,-`;." .•�•_�.l.-L"1�k:..•x"!'.�:.���.`}A+.`�`-..''�.�•1���� •Y -. -P95731 2. The O%...ner agrees to perform the terms set forth in Section 4 of this} -------------ff}af- tltr-r1-dirrg c�.st�.�tg�3-�: ��-a��o�e-�se�3�c4-�-r�pe�-�p;--(-e•.}--�re�--t-�-tom-issuance e.€--�.►�y--�•.i_��i-i��--p�r-x�3�=-few � 13�•s--cet�-5-t-�ae-�i-cin-•cxr-t�•ri s-p�-oiler-t-y-; -�zi ) �•s-1;.�teE1-•tet=�i•ei -sty;`€3t�-t3��-per-r-ae�) . i 3. This agreement shall be binding on the heirs, assigns, grantees or successors in.interest of the Owner(s) of.the property herein described. 4. Conditions: 1. A preliminary plat for Blocks 25 and 26, in.sufficient form and content, shall be filed with the City of Pasco within six (6) months from the effective date of this agreement. 2. A final plat for Blocks 25 and 26 shall be filed with the Franklin County Auditor within thirty (30) months from the effective date of this agreement. 3. The owner of Block 27 shall initiate the legislative process to vacate the north -south alley in Block 27, in accordance with RCW 35.79, within six (6) months from the effective date of this agreement. 4. All public improvements necessary to.service Block 27 and required to comport to the plat improvements associated with Blocks. 25 and 26 shall be installed and completed for Block 27, at the full expense of the owner of Block 27, within thirty (30) months from the effective date of this'ordinance. o 395731 7 :..:;�_� .� r wi >'i� ��� ; Kr • i „'�'.`. � �` . r _..•� ,.,,�• «,S' I t _ s rti,.. .�`�-•' �a . `r .- `• . 39573. - 3 r_ The person(s) whose names are subscribed herein do hereby ccrt.ify that they are the sole holders of fee simple interest in the above described .property. STATE OF 11ASIIINGTON). :ss. County of Franklin ) Owners: n his day ' p e s n a p e a r e d before m�—�%C.��-o�-c� to me known to ' be the III i\ dual. (s) ti -.-ho the, within' and foregoing instrur:ient on the lines above their typed names and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes' thetein mentioned. _ - ' "r`:,:.. ,tip `-;t �•� � ` :.1 �.. �r..':a :. �.ic ti.��l _,.,R^• •r�YSy�.I� ' ``F T�. G:. w'yi� `_ �'�'Ii:C�i'�.. 'I�• Given under my hand and official seal this/ -Z— day of .W1L�/�Y,� - `/.. S(.•`�.!'V!". � L'� r• --�1�' .. \ •:'~ �•+�r•�V %~M, �,7�� otary rbllc in and f r e State of et Washington, residing p,,: . The argent of the corporation whose name is subscribed here.in does hereh•.• certify that the corporation is the sole holder of fee simple interest in the above described property. OWNER: 1 Ey S` ATL OF �,IASIIINGTONI) SS County of F.rankIIn ) On this day personally appeared before me _ to me known to be the of otic' cor-i)oi-ation that executed the within and foregoing instrument, and acknowledged that said instrument to be the free .and voluntary act and deed of said corporation for the.uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. Given under my hand and official seal this day of 197 Notary Public: in .and for the State o Washington, residing at Go O . C�2 395'731 w 1}? :,;,1:'^r�i . r M :y...,,,.:..%.�, � -`.n r!t �+, ` _ ��' =' ,.� ... � .. v,' :,,y+, -..� �-.�� ``-"' _ - ' "r`:,:.. ,tip `-;t �•� � ` :.1 �.. �r..':a :. �.ic ti.��l _,.,R^• •r�YSy�.I� ' ``F T�. G:. w'yi� `_ �'�'Ii:C�i'�.. 'I�• ^u•y•_.i .3-tfR.... �:5=�.,r :... 4; �'-.. -'I-d. ,w. _ 1�y _ ..,,r.-'„`. �.' � /• •;'. `!r �iYJv�y:. ��, i:.d1'�,l �'•.-'.`J'�..� '�.�: .�. -.1.: �:� 1'T-� 1.�. ..'�a .y.: - ...(\ �rV .W1L�/�Y,� - `/.. 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